XXX Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are a married couple. This writ petition has been filed seeking permission for medical termination of pregnancy of the 1st petitioner on the ground of substantial abnormalities of the foetus.

(2.) The petitioners were married on 20/5/2023. On 29/10/2023, the petitioners after conducting a medical examination found that the 1st petitioner was pregnant. Later, on scanning, certain abnormalities were found on the head and spine of the foetus. According to the petitioners, on subsequent medical consultation, certain substantial deformities and abnormalities were diagnosed in the head, spine and face of the foetus. Therefore, they decided to terminate the pregnancy and approached the 5th respondent hospital on 22/4/2024 and intimated their willingness to terminate the pregnancy. However, the 5th respondent informed that as the gestational age of the foetus was 25 weeks, termination of pregnancy can be done only after obtaining orders from the court. It is in these circumstances, that the petitioners have approached this court.

(3.) I have heard Sri.Sidharth O., the learned counsel for the petitioners, Sri.T.C.Krishna, the learned senior panel counsel appearing for the 1st respondent and Smt.Deepa Narayanan, the learned Senior Government Pleader appearing for respondents 2 to 6.